G.M.LODHA,J. - (1.)APPELLENT Ladu has filed this appeal against his conviction under Section 302 I.P.C. by the Sessions Judge, Ajmer for committing murder of Mangi Lal. Appellant Ladu was charged as under: .........[vernacular ommited text]........... The Sessions Judge while convicting the accused under Section 302 I.P.C. sentenced him to life imprisonment and acquitted him of the offence under Section 324 I P.C.
(2.)IN this appeal, learned Counsel for the appellant has not contested the commission of the offencs by the appellant, but he has argued that the offence can fall at the most under Section 304(2) I P.C. He, therefore, pressed the appeal to this limited extent and he prayed that the court need not go in details about the facts so far as the causing of death of the deceased is concerned, because apart from the prosecution evidence, Mangi Lal in his statement has admitted that he caused injuries by axe to Ladu although his plea is that this was done on account of provocation caused to him because accused was committing rape on his wife and did not desist from doing so ins pite of repeated warning.
We have even then gone through the entire record of the case and perused the relevant evidence.

(3.)THE prosecution allegation in short, is that on 15 -12 -76 deceased Mangi Lal was on his field for guarding the field. At that time accused Ladu's wife entered the field and started picking up cow -dung Mangi Lal asked him not to do so. On this Ladu accused, who was grazing cattle nearby felt annoyed and told Mangi Lal not to talk to his wife and saying so in anger gave a blow of axe on the head of Mangi Lal and another blow was given on his hand, when Mangi Lal tried to put on his hand to save his head. Hajari tried to intervene, but his finger was also injured. Mishrilal came there from nearby and by that time Mangi Lal fell dawn. Mishrilal tried to snatch the axe from Ladu, but Ladu threatened him. Mangi Lal died on the spot. Mishrilal and Hajari then gave information of this incident to Mangi Lal's brother's son Mana, who rushed to the Police Station, Srinagar and lodged the First Information report at 3.30 which was registered by the S.H.O. and is Ex. P. 3 on the Record. The resultant registration of the case and the commencement of the investigation ultimately resulted in the filing of challan against accused, who was then put to trial under Section 302 and 304 IPC as per the charge sheet extracted above. The proscution in support of its case examined 10 witnessess and produced 17 articles.